Q: Father hasn’t seen children in 5 years, does he have the ability to take custody of the children?
He has paid child support, but hasn’t made contact with them since divorce, did not request custody at divorce hearing.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Georgia
- (770) 854-0777
- View Profile
- Answered
A: There isn't enough information to answer the question. If you are asking if he hasn't seen the in 5 years and has just popped up to exercise his parenting time, you can't deny the parenting time if it's ordered by the court. If you feel that him exercising parenting time would be detrimental, then you need to file a modification.
A:
I would recommend the father seek visitation first to re-establish a relationship. After two years or so of having a strong relationship with the children, primary physicsl custody would not be out of the question.
With the information that was provided, at least, the father has almost zero chance of obtaining immediate primary custody after a 5 year absence.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
